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HomeMy WebLinkAboutcc min 1991/07/30 a OF AN ADJOURNED MEE-iING OF THE u-iY OF CHULA VISTA Tuesday, July 30, 1991 Council Chambers 6:03 p.m. Public Services Bufiding CAI JJ~n TO ORDER 1. CALL THE ROLk PRESENT: Councilmembers Grasser Hotton, Malcolm, Moore, Rindone, and Mayor Nader. ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. pI.~nGE OF AI J .F. GIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: None CONSENT CALENDAR (Items pulled: None) CONSENT C~T-~NDAR OFFFRED BY COUNfm-MAN MALCOLM, reading of the ten was waived, passed and approved 4-0-1 with COUllel'lrn~n Rindone abstaining. 5. WRrl-rP, N COMMUNICATIONS: None 6. RESOLUTION 16258 APPROPRIATINGFUNDSANDDIRE~;ilNGSTAFFTOENTE3.INTO AN AGI~PRMENT WITH THE PROPERTY OWNERS OF pARCR. L 618-152-16 (1070-1072 FIFfH AVENUE) FOR DRAINAGE IMPROVF. IMF2fl'S ADJACENT TO THE FIFfH AVENIIE STRLRT IMPROVEMENT PROICT FROM *L' STREET TO NAPIJ~-~ ;~'IREET - The property owners of 1070-1072 Fifr.h Avenue are requesting in accordance with the City's drainage policy for lateral channels that the City participate in improving the drainage facility across their driveway. The policy states that the City may participate in up to 50% of improvements for lateral channels. This proposed drainage improvement would consist of a rectangular concrete channel connecting to the City's existing facilities at Fifth Avenue and extending westerly to the existing corrugated metal pipes. Staff recommends Council appropriate $37,000 and approve the resolution. (Director of Public Works) 4/5th's vote required. Continued from the 7/18/91 meeting. Councilman Rindone stated he would abstain from participating and voting on this item. * * END OF CONSENT CALENDAR * * Minutes July 30, 1991 Page 2 PUBLIC HEARINGS AND I~I~I-~TED R.ESOLUTIONS AND ORDINANCES 7. PUBLIC HEAR1NG PCS-90-02: REQUEST TO SUBDIVIDE 404.9 ACRES KNOWN AS RANClIO DEI, REY SECTIONAL PLANNING AREA lII, CHIJLA VISTA TRACT NUMBER 90-02 LOCATED BE'I'W~2~ EAST *IF STRP21-1- AND TELEGRAPH CANYON ROAD, IMMEDIATELY SOUTH OF RANCHO DEL RE'/SPA I; RANClIO DEL REY PARTNERSHIP - The public hearing on this matter was continued from the meeting of 3uly 9, 1991 to allow for notification of additional residents within the vicinity of the proposed project_ The City Attorney's Office has revised the draft resolution to reflect changes in the tentative map conditions which were voted on by the Council prior to ~,ing action to continue the hearing. Staff recommends approval of the resolution. (Director of Planning) Continued from the 7/18/91 meeting. Mayor Nadar informed the Council that Councilwoman Grasser Horton had divested herself of the holdings for which she had previously declared a conflict of interest and would be able to participate and vote tonight. Councilman Malcolm stated that his pension plan acquired stock approximately one month ago and the trustee had not divested and therefore he would abstain from participation and voting. City Attorney Boogaard informed Councilman Malcolm that he would also have a conflict of interest on Item #8. Mayor Nader informed Council that he would have to leave the Council meeting in order to attend an AbTech II meeting at 7:00 p.m. Mary May representing Lattieri/McIntyre, stated the public hearing had been continued in order to expand the public mailing list. Staff had the opporvanity meet informally with those residents expressing concern and staff felt that the issues were addressed at that time. Staff would recommend the following addition to Condition 29 'all graded areas shall be replanted prior to the approval of the final map. Germination of 'plant materials shall be guaranteed to the satisfaction of the City's landscape architect'. This being the time and place as advertised, the public hearing was reopened. AI Hanson° 1321 Mesa Grande Place, Chula Vista, CA spoke in opposition to the staff recommendations. He did not feel the water issue had been addressed and that building should not be ellowed until new water resources were found. He felt it unfair for existing homeowners to have to conserve water. He also questioned the mount of open space between Buena Vista Drive and the townhouses. Son Buddingh, Jr., 1363 Santa Cruz Court, Chula Vista, CA, spoke in opposition to the staff recommendations. He felt the major concern was the water off-set program and that it should be set at 100%. Every development should be required to supply all the water it will use. He further expressed concern over the four lane roadway through Rice Canyon and recommended the construction of a bridge ,in order to leave the bottom of the canyon untouched. Clifford Swanson, City Engineer, responded that future traffic projections show high volumes which would require a four lane roadway. The projections are from existing and future development, not just this project. Mayor Nader questioned whether the FIR addressed the four lane roadway through the canyon. He further stated that it was his understanding that the water off-set was 100% and the only factor to be determined was which off-set program would be utilized. Minutes July 30, 1991 Page 3 Robert Leiter, Direcwr of Planning stated that the condition was written so the applicant would have to comply with a City approved water off-set policy. A 100% off-set was the direction of the Council at the SPA level and Council can establish the off-set at whatever level is felt appropriate. Mayor Nader stated it was his understanding that building could not take place until a water off-set plan is approved by Council. Whatever plan is approved must be approved and certified as meeting the objectives for the City. Ms. May stated the horizontal distance between Buena Vista and the townhouses will to 35 to 100 feet. The structures on the pad will be an additional 20 to 75 feet. The parcel is subject to precise plan approval and will have to be brought back in a public hearing forum. Mayor Nader questioned whether the water off-set plan would be adopted before the precise plan is brought back for adoption. Mr. Leiter responded that it was a condition before final map recordation but the developer could file a precise plan before that time. Ken Baumgarmer, representing McMillin Communities, 2727 Hoover Avenue, National City, C..A, spoke in support of the staff recommendations. The project being discussed is in the later part of the overall plan and he would assume that a water off-set plan could be approved by Council before then. He than gave a brief summary of the pining process that began in the early 1970's. The plan has been reviewed by the Parks and Recreation Commission and unanimously approved by the Planning Commission. Betty Dehoney, P & D Technologies, author of the FIR, stated that it would not appear there would be substantial differences from a four lane to two lane roadway. Allan Tait, 1372 Cerritos Court, Chula Vista, CA, spoke in opposition to the staff recommendations. He thanked the Planning staff for meeting with the neighbors regarding their concerns. He expressed his concern over the lack of open space and felt the natural heritage of the City was being desU'oyed. He hoped that the City would at some point set aside a regional park or major green belt. There being no further public testimony, the public hearing was declared closed. Mayor Nader stated that he shared the concern that all developable land was being developed. He questioned whether staff had considered, if there was a desire to reduce the total mount of development and to increase the preservation of aesthetic open space, as to where and how a reduction in density would be achieved and the number of units that would be involved. Mr. Leiter responded that staff had not reevaluated the project in terms of an alternative such as that. The FIR had addressed alternatives regarding environmental issues but not density. Councilman Rindone felt that McMillin had submitted a plan with mixed uses and variety that compliments the existing areas. Mayor Nader stated that the water and air conditions were attached at the SPA level and it was his understanding that the water off-set would be 100%. He did not have a problem with putting over the determination of who's 100% water off-set plan is adopted, but anything less than 100% would not meet his intent of the motion made at the approval of the SPA plan. Minutes July 30, 1993. Page 4 NIP (Nader) the condition of the tem~tive map be amended to reflect that the plan ulfimatdy approved and ce~ified by the Council be a lOOei water off-set. Motion died for lack of second. Mr. Leiter stated the current condition requires the developer to comply with a water off-set policy as determined by the Council. Counc~man Moore felt that numerous checks and balances had been included in this development and it was the first development to have air and water off-sets. The City of Chula Vista has one of the best growth management plans in the state. Councilman Rindone stated philosophically he could support the 100% water off-set but noted that the Conneff had set a condition which required the developer to comply with whatever water off-set program was adopted by Councfi. There should be a cooperative county-wide parmership for water consention. He felt the Council had been very progressive regarding water conservation. Mayor Nader agreed that Council had been progressive setting an air end water off-set programs, He had been advised that a 100% air quality off-set would not be attainable but a 100% water off-set would be. He had been willing to compromise regarding the air quality off-set with a 100% water off-set. It was his understanding that this would be incorporated in the tentative map. He felt compelled to vote no on the tentative map unless that amendment was made. Councilman Rindone stated that with the existing condition, the Counc~ still had the option of setting a higher water off-set. Mayor Nader stated he would have to leave the meeting but wanted to address Item 8. He stated that he did not have the biological expertise to say whether the patcatcher should or should not be listed. Unless scientific data was available, the decision may be better off left to the experts. Mayor Nader lef~ at 7:06 p.m. with Mayor Pro Tempore Moore chairing the meeting. RESOLUTION 16222 OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived. Mayor Pro Tempore Moore requested that staff keep Council informed on the progress and status of the water off-set programs. Mr. Lee, Assistant Director of Planning, ques. tioned whether it was Councfl's intent to include the modifications to Condition 29 as recommended by staff. City Attorney Boogaard stated the amendment to Condition 29 should state *All graded areas shall be replanted prior to the approval of any final map. Germination of plant material shall be guaranteed by the applicant to the satisfaction of the City landscape architect*. ;Mr. Baumgarmer responded that the developer agreed with the amendment. AMENDMENT TO MOTION: (Moore4tRindone) to amend Condition 29 as recornmend*ed by staff, ~proved 30-1-1 with Mayor Nader absent and Councilman Malcolm abstaining. VOTI~ ON RESOLLrrlON 169~ AS AMENDED, approved 3-0-1ol with Mayor Nader absent and Couoet'lrnnn Malcolm abstaining. Minutes July 30, 1991 Page 5 RESOLUTION 16~9~ APPROVING THE TENTATIVE SUBDMSION MAP FOR RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) ~I, CHULA VISTA TRACT 90-02 ORAL COMMUNICATIONS None. ACTION FIEMS 8. REPORT ON ENDANGERED LIb'tlNG STATUS OF THE CALIFORNIA GNATCATCI-IER AND CURRENT REGIONAL AND SUB-REGIONAL EFFORTS TO PREPARE A HABITAT CONSERVATION PLAN - The report contains a review of the current status of the California Gnatcatcher as a state and federal endangered species. Current programs by other agencies and groups which are proposing to preserve sensitive biological habitat, and Chula Vista's options are also listed. Staff recommends Council: 1) authorize the City Manager to send a letter to the California Fish and Game Commission regarding the potential listing of the California Gnatcatcher as a candidate for state endangered species; and 2) direct staff to prepare a habitat conservation program for areas within the City containing sensitive biological habitat, including coastal sage scrub habitat. (Director of Plarming) Continued from the 7/'23/91 meeting. Councfiman Malcolm abstained from participation and voting on this item due to a possible conflict of interest. Robert Leiter, Director of Planning, gave a brief review of the report. Staff recommended that Council submit a letter to the Fish and Game Commission recommending that they defer their decision at this time and make their review in conjunction with a review being done at the federal level. It is felt that action at the state level would be premature at this time. The second item is the development of a habitat conservation program. This program would be coordinated with other regional and county programs that are currently underway. Staff would come back to Council with a work program in the future. Councilman Rindone stated that due to the short timeline, staff should fax the information with a letter as follow-up. Mayor Pro Tempore Moore stated that one member of the Council felt that there should be no action taken. MSC (Moore/Grasser Horton) to accept the report and staff recOmrnendalions. Approved 3-0-1-1 with Mayor Nader absent and Coun~qqman Malcolm abstaining. BOARD AND COMMISSION RECOMMENDATIONS None submitted. I'IF. MS pUIJJ~F} FROM THE CONSENT CALENDAR No items pulled. The minutes will reflect the published agenda order. ~Minutes July 30, 1991 Page 6 OTHER BUSINESS 9. Ca P/' MANAGERS REPORTIS) a. The Chula Vista Friends of the Library will have the centennial of the opening of the first library in Chula Vista. The Friends have requested that they be allowed to hang a banner on the library for the centennial. Councilman Malcolm stated that the banner should meet all requirements that other businesses are required to meet. 10. MAYORS RF__nORTfS) - None. 11. COUNCIL COMMENTS Councilman Moore a. Saturday, August 17th there will be a city-wide crime prevention neighborhood watch garage sale. Information is available at the Police Department and City Hall. b. Tuesday, August 6th will be the 'National Night Our' program. Information will be forthcoming in the newspapers. Councilman Malcolm a. Support of Desalinization Plant and Repowering at SDG&E's Chula Vista Site Bill (AB 1013) by State Assemblyman Steve Peace. Staff has prepared a report listing eight conditions they felt should be incorporated into the bill before giving conceptual approval. He then ou~ined the benefits of the proposed bill. Due to the benefits, i.e. clean water, clean air, and monetary considerations, he would recommend Council support the bill with the understanding that it would not be amended. The City will not give up any of their environmental rights to review or to issue the permit. /df&~ MS (Malcolm/Rindone) to give conditional support of AB 1013 with the eight items outlined by staff. Councilman Rindone questioned the possible tax benefit. City Manager Goss responded that if there was an expansion of the power plant it would go to the utility roll. Up to four or five years ago, the entire mount of the expansion would come to the City of Chula Vista, since this is pan of the Redevelopment Agency it would go the Redevelopment Project Area. Since the change at that time, the City only ge~ it proportionate share within the county of the increase. The City is looking for a change so that any increase would come back direcfiy to Chula Vista. The County Water Authority and SDG&E have stated they would support such a change. Councilman Malcolm stated that there were no guarantees that legislation to exempt the City would be approved but the City would be receiving the monies from the desalinization plant. Councilman Rindone stated he would be more comfortable if staff recommendation #7 were restated to be more proactive. Minutes July 30, 1991 Page 7 City Manager Goss recommended #7 be mended to state 'That property tax revenues from a desalinization plant and expansion of the power plant would accrue to the City of Chula Vista". VOTR ON MOTION AS .~IqDF_I): approved 4-0-1 with Mayor Nader absent. ADJOIJRNMENT City Attorney Boogaard informed Council that Garcia venus the City of Chula Vista, et al. had been referred to outside counsel. ADJOURNMENT AT 7:28 P.M. the Regular City Council Meeting on August 6, 1991 at 4:00 p.m. in the City Counc~ Chambers. Respectfully submitted, BEVERLY A. AUTHEI.RT, CMC, City Clerk : by: ~,~ , ? '.,,: , i c Vicki C. Soderquist, Deputy dity Clerk